KGALAGADI DISTRICT COUNCIL (DAY-CARE CENTRE) BYE-LAWS

(section 38)

(26th March, 2010)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Licensing of day-care centres

    4.    Issue of day-care licence

    5.    Duration and renewal of day-care licence

    6.    Suspension and revocation of day-care licence

    7.    Licence to be displayed

    8.    Transfer of licence

    9.    Closure of day-care centres

PART II
Premises

    10.    Type of premises used

    11.    Outdoor play areas

    12.    Toilets

    13.    Washing facilities

    14.    Kitchen

    15.    Furniture and classroom equipment

    16.    Fire extinguisher

    17.    First aid requirements

    18.    Cleanliness

    19.    Smoking

    20.    Pets

    21.    Transportation

    22.    Use of premises for other activities

PART III
Operation and staff of the centre

    23.    Hours of operation

    24.    Resting period

    25.    Age of admission

    26.    Staff

    27.    Staff-child ratio

    28.    Curriculum

    29.    Register to be kept

PART IV
Miscellaneous

    30.    Appeals

    31.    Powers of entry

    32.    Offences and penalties

        SCHEDULE

S.I. 47, 2009,
S.I. 31, 2010.

PART I
Preliminary (bye-laws 1-9)

1.    Citation

    These Bye-Laws may be cited as the Kgalagadi District Council (Day-Care Centre) Bye-Laws*.

*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Interpretation

    In these Bye-Laws, unless the context otherwise requires—

    "authorised officer" means the Council Secretary or any employee of the Council duly authorised, in writing, by the Council to perform duties under these Bye-Laws;

    "Care giver" means a person trained to teach, train, and care for babies and children below the age of six, and registered as such with the Kgalagadi District Council;

    "Council" means the Kgalagadi District Council;

    "day-care centre" means a place for the care, education and supervision of children below the age of six;

    "infectious disease" includes diphtheria, cerebrospinal meningitis, whooping cough, measles, mumps, German measles (rubella), chicken pox, scabies, ringworm of scalp or body, and typhoid fever;

    "licence" means a licence issued under bye-law 3;

    "qualified teacher" means a teacher qualified to the satisfaction of the Ministry responsible for education, to teach children below the age of six.

3.    Licensing of day-care centres

    (1) A person shall not operate a day-care centre (hereinafter referred to as a "centre") without a licence issued by the Council.

    (2) A person under the age of 18 years may not operate a centre.

    (3) Any person who wishes to operate a centre shall make an application for a licence to the Council, in Form I set out in the Schedule to these Bye-laws, giving details of—

    (a)    the premises intended to be used for the centre;

    (b)    the names and qualifications of all the teachers and assistants to be employed at the centre; and

    (c)    any other information with regard to the proposed centre as the Council may require.

    (4) Upon receipt of the application, the Council shall cause to be conducted such inspections as it may consider appropriate to ensure that the premises of the centre comply with the relevant health and building control standards.

4.    Issue of day-care licence

    (1) If the Council is satisfied that the proposed centre meets all the requirements of these Bye-Laws and any other relevant legislation, it may, on payment of a fee of P100, issue to the applicant a licence in Form 2 set out in the Schedule hereto.

    (2) A licence issued under sub-bye-law (1) may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.

    (3) Subject to sub-bye-law (2), the Council may impose further conditions on the licence where it considers it necessary to do so.

5.    Duration and renewal of day-care licence

    (1) A licence issued under bye-law 4 shall be valid until the 31st December of the year of issue.

    (2) A licence shall be renewable from year to year, on payment of the annual fee of P100.

    (3) An application for the renewal of a licence shall be made in Form 3 set out in the Schedule hereto.

6.    Suspension and revocation of day-care licence

    (1) The Council may—

    (a)    suspend a licence issued under bye-law 4 where—

        (i)    any conditions of the licence are not being adhered to,

        (ii)    a centre has failed to comply with these Bye-laws, or

        (iii)    an authorised officer, after conducting an inspection, has recommended a suspension of the licence due to a failure of the centre to comply with the relevant health standards;

    (b)    revoke a licence issued under bye-law 4 where—

        (i)    a centre has failed to comply with any of the conditions of the licence,

        (ii)    a centre has contravened or failed to comply with any of the provisions of these Bye-laws, or

        (iii)    an authorised officer, after conducting an inspection, has recommended a revocation of the licence.